Mental Health Services Protection – Appeal hearing

Contact the Appeals Secretariat when you get their letter if:

• you cannot attend the appeal hearing on the date it is scheduled. You may be able to reschedule the hearing to a different date
• you and/or your support person requires an interpreter such as when you speak a language other than English or require American Sign Language (ASL) or another reasonable accommodation to participate in the hearing
• you want information about organizations that may be able to help you with your appeal

You, or the person acting on your behalf, must take part in the hearing. If something comes up at the last minute and you or the person acting on your behalf are not able to attend, you must notify the Appeals Secretariat immediately. If this does not happen:

• the Appeals Secretariat will try to contact you to reschedule the hearing
• if the Appeals Secretariat cannot reach you, the appeal panel may decide you chose to end your appeal without telling anyone – this is called abandoning an appeal
• the appeal panel’s decision that you abandoned your appeal is final
• your right to appeal will end
• your appeal will be closed

The Appeals Secretariat’s scheduling letter tells you how to submit information that supports your appeal. Make sure to submit your information by the deadline in the letter.

During the hearing, your role is to:

• present your case to the appeal panel based on information you already submitted to support your position
• explain why the appeal panel should decide in your favour
• bring witnesses, if you choose, to support your case

The Appeals Secretariat sends an appeal package to you, Compliance and Monitoring and the appeal panel at least one week before the hearing. Make sure to:

• read the appeal package when it comes – it includes copies of all the documents:
  • you gave to support your appeal
  • Compliance and Monitoring provided to support their decision
• bring the package with you to the appeal hearing

If you would like your supporters to have a copy of the appeal package for the appeal hearing, it is your responsibility to provide them with a copy

Contact the Appeals Secretariat if you:

• do not get the package or documents are missing
• need help reviewing the package in a language other than English – the Appeals Secretariat can give you information about organizations that may be able to help you review it before the hearing

The chair introduces everyone and goes over the rules, then asks if:

• you and the person from Compliance and Monitoring understand the decision being appealed
• anyone objects to the people on the panel or their right to decide your appeal

If there are no objections, the chair asks if everyone received the appeal package and if they can confirm all their documents were included. The chair also asks if anyone has information that was not included in the appeal package that the appeal panel should consider. If there is, then you or the person from Compliance and Monitoring can ask for:

• copies of the new information
• a short break to review it
• the hearing to be moved to another day to allow more time to review it

The person from Compliance and Monitoring and their supporters present their information first.

You and the panel will:

• let them speak without interrupting them to hear why they made their decision
• be able to ask questions after each person speaks

Next, you or the person acting on your behalf, and others who support your appeal will present your information to explain why you disagree with the decision that was made. The person from Compliance and Monitoring and the panel will:

• let you speak without interrupting you to hear why you disagree with the decision that was made
• be able to ask questions after each person speaks

The chair asks the person from Compliance and Monitoring, then you or the person acting on your behalf, to summarize your information and the decision you would like the panel to make.

The chair ends the hearing and lets you know when you can expect the panel's decision.

You can make a complaint to the Alberta Ombudsman’s office. They cannot reverse or change an appeal panel decision, but they can:

• review the appeal process
• make recommendations, including that an appeal panel re-hear the case

A judicial review happens through the Court of King’s Bench. The Court cannot reverse or change an appeal panel decision, however they can decide if the panel:

• acted within its legal authority
• followed a fair process
• made a reasonable decision based on the situation

When a judicial review happens, the Court:

• cannot make a new decision
• will send the case back for the appeal panel to hear again if it agrees the hearing is unfair – if this happens, different panel members may hear your appeal

If you wish to apply for a judicial review, you must:

• file an Originating Application for Judicial Review, Form 7, Alberta Rules of Court, Rule 3.8) with the Court within 6 months from the date the appeal panel made its decision
• decide if you need a lawyer to assist you – if you do, then contact the Law Society of Alberta’s referral service at 1-800-661-1095 or Legal Aid Alberta at 1-866-845-3425 for help finding one